Back
D.B.BHOSALE, R.Y.GANOO
Nita alias Nathi Hitendra Kumar Sakariya – Appellant
Versus
Hitendra Kumar Kaluram Sakariya – Respondent
D. B. Bhosale, J. —This Family Court Appeal under Section 19 of the Family Courts Act, 1984, is directed against the Judgment and order dated 30.03.2005 passed by the Principal Judge, Family Court, Mumbai. By this judgment, a petition, filed by the respondent-husband, being Petition No.A942 of 1997, has been allowed and the marriage of the appellant-wife and the respondent has been dissolved by a decree of divorce on the ground of cruelty, under Section 13(1)(ia) of the Hindu Marriage Act, 1955 (for short, “the Act”). While dissolving the marriage, the Family Court held that the appellant-wife is entitled to permanent custody of their son Aniket. The Family Court, however, has negatived the appellant’s claim of Stridhan and has directed the respondent to pay maintenance of Rs.2,500 per month each to the appellant and to their son Aniket.
2. The respondent has not challenged any part of the impugned judgment, and, therefore, learned counsel for the parties have not addressed the court on the question of custody of Aniket.
3. The brief facts, which are relevant to dispose of this appeal, are recapitulated as under: The parties were married on 20.5.1994 at Sumerpur, Raj
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
